Me and my husband want my son's name changed to our last name but the biological father did not sign paternity papers or the birth certificate does he have to be notified and how do we begin the process?

Is he listed on the birth certificate ( even if he did not sign it) did you list him onn it.

But since he is the legal father, and you gave him his name, I would believe most states would require either his approval or a court hearing to give him a chance to object.

Since each state will have varoius laws about this, talking to a local attorney would be the best bet

Do you have sole legal custody of the child?

One would think if you have sole legal custody, you therefore can do anything you wish.

Note: Legal custody is different than physical custody.

If the birth father gives his consent for adoption there should be no problem. But he will have to consent to your current adopting.

Thanks for your reply to my question about name change I have also found out that I can contact the county records and get a amendment to the birth certificate and that may be a way to have my husbands name put on the certificate and custody changed without having to do the long court process

Hi Playful:

I don't know. If it were only a matter of a name change... There is a reason why they have long court processes, and it isn't to make the lawyers rich. Ostensibly, it's to make sure everybody's rights are protected to the extent the law allows.

I urge you to consider the long term ramifications of your action. Not only do your actions effect the short term, which matters to you and your current husband, but they also effect the long term, which effects your child and his/her biological parent.

Your offspring, may very well wish to contact his or her biological parent sometime in the future. You should make that as easy as possible.

There is also the matter of child support. It doesn't sound like you are pursuing it. Why not? Your child is entitled to it. At $250/month, we're talking about more than $50,000. If you don't need it, put it in a college fund. It's your kids' money. Go get it.

I suggest that you contact an attorney.

excon